Recently viewed (1)

Research Handbooks in International Law series

Edited by Ben Saul

This Handbook brings together leading scholars and practitioners to examine the prolific body of international laws governing terrorism. It exhaustively covers the global response to terrorism in transnational criminal law, the international law on the use of force, international humanitarian law, international human rights law, the law of State responsibility, the United Nations Security Council, General Assembly, UN specialised bodies, and regional organisations. It also addresses special legal issues in dealing with terrorism such as gender, religion, victims of terrorism, weapons of mass destruction, and customary law.

Chapter 32: The United Nations General Assembly and terrorism

Handbook Chapter

Extract

At first glance, the United Nations (UN) General Assembly is not a natural source of international law either in general or with specific reference to terrorism. The Charter of the United Nations (Charter) gives the General Assembly very broad powers to consider ‘any questions or any matters’ within the scope of the Charter and to ‘make recommendations’ to member states and to the Security Council on those questions or matters (Article 10). Its mandate is thus expansive and wide-ranging. However, the General Assembly’s powers are of recommendation only, and when contrasted to the binding power of the Security Council, they suggest an actor that is limited in its ability to generate or affect international law. The fact that the General Assembly passes large numbers of resolutions on an annual basis, some of which are contradictory and many of which have little impact, contributes to the image of the General Assembly as an actor with a secondary impact at best. This is only a partial image, however. The universality of the General Assembly’s membership and the fact that it operates on a ‘one state, one vote’ basis give it considerable legitimacy and power as an international actor. Its decisions, ranging from resolutions to the creation of legally binding treaties thus have normative power and the potential to become part of customary and formal law.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.